Acceptable Usage Policy

This Acceptable Usage Policy ("AUP") describes activities that are not allowed on the Enginemailer network. The AUP is incorporated by reference in your Agreement with Enginemailer.

If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts according to our Terms of Use where we see behavior, content, or other factors that poses a threat to our email delivery system in a whole. No credit will be available under the Enginemailer Service Level Agreement for interruptions of service resulting from any AUP violation.

Abuse

You may not use Enginemailer's network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;

Use of an internet account or computer without the owner's authorization;

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;

Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;

Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;

Distributing software that covertly gathers or transmits information about a user;

Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft's "add/remove" tool);

Any conduct that is likely to result in retaliation against the Enginemailer network or website, or Enginemailer's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);

Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;

Interference with service to any user of the Enginemailer or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

Interference with service to any user of the Enginemailer or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or

Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Enginemailer.

Prohibited & Offensive Content

You may not use Enginemailer to send anything offensive, to promote anything illegal, or to harass anyone. You may not publish, transmit or store on or via the Services any content or links to any content that Enginemailer reasonably believes:-

Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;

Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person's safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;

Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

Is defamatory or violates a person's privacy; or

Is otherwise malicious, fraudulent, morally repugnant.

For clarity, you may also not send:

Emails offering to sell illegal goods or services

Emails that violate CAN-SPAM Laws

Pornography/sexually explicit content

Some industries have higher-than-average abuse complaints, which can affect the deliverability of our entire email delivery system. In order to maintain the highest delivery rates possible for all our customers, we won't allow businesses that offer these types of services, products, or content:

Escort and dating services

Pharmaceutical products

Work from home, make money online, and lead generation opportunities

Gambling services or products

Multi-level marketing

Affiliate marketing

Credit repair and get out of debt opportunities

List brokers or list rental services

Selling "Likes" or followers for a social media platform

Sending Subject to Additional Scrutiny

Based on industry averages, certain types of content may cause higher-than-average abuse rates. Rule of a thumb in general - hard bounce rates should be less than 5% and spam complaint rates should be less than 0.1%. Based on that rationale - we may closely review, suspend, throttle, or disable accounts that exceed these rates and/or offer the following services, products, or content:

Online trading, day trading tips, or stock market related content

Daily horoscope reports

Mortgages and loans

Nutritional, herbal, and vitamin supplements

Adult Entertainment/Novelty Items

Real estate

Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content

Prohibited Actions

Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. For bulk emails, Enginemailer uses the definition by Spamhaus, in short "unsolicited bulk email." For single commercial emails, Enginemailer define spam as any message that violates CAN SPAM law.

As such, you must be able to point to an opt-in form or show other evidence of consent for bulk email.

Put into your Email or Account any material that wasn't granted for you to use, or that would violate copyrights. That includes text, photos, graphics, and other content.

Use any misleading or incorrect email addresses, subject lines, names, addresses, or other information on the website or in any emails created or sent using Enginemailer.

Share your password and access to your Account with others.

Decipher, decompile, disassemble, or reverse engineer any of the software on Enginemailer's website, or in any way used or downloaded from the website.

Use any of the software on our website, or downloaded from the website, to create a competing product.

Use an outside unsubscribe process when sending bulk content to a list hosted in Enginemailer.

Set up multiple accounts for any person or entity in order to send similar content, unless you are part of a franchise or agency.

Import or incorporate any of this information into any lists, emails or uploads to our servers: passwords, security credentials, or sensitive personal information.

Send or forward personal mail. Send content created in Enginemailer through another service.

Host images on our servers for any purpose other than for use in your email campaigns.

Host content on our servers for any purpose other than to send email campaigns.

No High Risk Use

You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.

Mail Requirements

You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:

You must have a Privacy Policy posted for each domain associated with the mailing;

You must have the means to track anonymous complaints; and

You must not obscure the source of your e-mail in any manner.

You must post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or Enginemailer;

You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

You must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail.

You must honor revocations of consent and notify recipients of the same;

These policies apply to messages sent using the Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a Enginemailer system or network, or to breach the Enginemailer security or authentication measures, whether by passive or intrusive techniques.

Export Control

The Services may not be used in violation of export laws, controls, regulations or sanction policies of Malaysia or your applicable jurisdiction. The Services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

Intellectual Property and Other Proprietary Rights

You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:

You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;

You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and

You may not display another person's trademark without permission.

In addition, you may not use the Services to publish another person's trade secrets, or to publish information in violation of a duty of confidentiality. It is Enginemailer's policy to terminate the services of customers who are repeat infringers in appropriate circumstances.

Cooperation with Investigations and Legal Proceedings

If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Changes to the AUP

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP at https://www.enginemailer.com/Legal/AcceptableUsagePolicy, or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice.

The revised AUP will become effective as to you on the first to occur of: (i) your execution of a new or additional agreement for all or part of your Hosted System that incorporates the revised AUP by reference, (ii) the first day of a renewal term for an Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or (iii) thirty (30) days following our written notice to you of a material change to the AUP.

If your compliance with the revised AUP would adversely affect your use of the our Services, you may elect to terminate the Agreement by giving Enginemailer written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and we will not enforce the revision as to you during this time, you will continue to be subject to the prior version. If you choose to terminate your Services under this Subsection, we may decide to waive that change as to you and keep your Agreement in place for the remainder of the term.